NCJ Number
131594
Journal
Journal of Contemporary Law Volume: 15 Issue: 1 Dated: (1989) Pages: 81-110
Date Published
1989
Length
30 pages
Annotation
Some States, including Utah, have adopted reforms in laws pertaining to victims of child sexual abuse in the courtroom. This paper discusses some of those reforms and their constitutionality.
Abstract
The risk of emotional damage to children from sexual abuse and the stresses of testifying in a courtroom as well as the importance of the child's evidence present special problems for the legal system and for the child witnesses. Utah is one State that has changed its rules of evidence legislation by creating a new hearsay exception that admits into evidence a victim's out-of-court statements to corroborate other evidence. Utah has also passed legislation authorizing the use of videotaped recordings and closed circuit television statements in lieu of an in-court presence. Finally, the legislature adopted established general presumptions that all persons are competent to testify. This author argues that the Utah reforms do not violate U.S. and State constitutional guarantees of a defendant's right to confront witnesses. These legislative reforms will also impact on therapeutic techniques. Clinical and forensic interviewers will have to consider all current information on the reliability of child testimony and optimal interviewing techniques; professional ethical principles and guidelines will also have to be reviewed. 121 notes